Switzerland: ECtHR rules in favour of independent media against billionaire

On 9 July, the European Court of Human Rights (ECtHR) ruled that the Swiss judiciary's decision against the newspaper Le Courrier in a civil case brought by billionaire Jean Claude Gandur violated the media's freedom of expression. The International Federation of Journalists (IFJ) joins its affiliate, Syndicom, in welcoming the ECtHR's ruling in favour of freedom of expression, and recalls the fact that dissuasive sanctions are needed to combat Strategic Lawsuits Against Public Participation (SLAPPs).

Credit: FREDERICK FLORIN / AFP.

The ECtHR ruling came after 11 years of judicial struggles for Le Courrier and its journalists. On 9 July, the ECtHR ruled that the Civil Chamber of the Court of Justice's 2019 decision (upheld by the Federal Court in 2021) that an article published by Le Courrier infringed Gandur's privacy violated Le Courrier's freedom of expression.

The article in question, which dates back to 2015, is a portrait of the billionaire Gandur. Published in the context of the Geneva vote on extending the Museum of Art and History in a public-private partnership, in which Gandur intended to invest, it discusses how he obtained his fortune. In response, Gandur filed two complaints against the media and the journalists, resulting in both criminal and civil proceedings.

Although the media won the criminal proceedings, they lost at the civil level. They won the first instance, but lost the second in 2019 and the appeal in 2021. As a result, the media were faced with the burden of paying more than 40,000 Swiss francs in legal fees. The IFJ denounced the court's decision, stating that money had become a tool of censorship designed to silence the media.

In 2022, the media appealed to the ECtHR, which ruled that their condemnation in the civil case violated their freedom of expression on 9 July 2026. The ECtHR ruled that the article was based on established facts and that the style and presentation of an article is an editorial choice for which the courts are not responsible. Taking into account the context in which the article was published, the ECtHR found that it concerned matters of public interest.

The court also ruled that the claimants should be awarded compensation for moral damages, as well as all legal costs, acknowledging that the legal fees demanded by the Swiss judiciary were a significant deterrent for independent media.

Syndicom Vice President Stéphanie Vonarburg said: "This judgement strengthens press freedom in Switzerland by ruling against lawsuits introduced by wealthy individuals seeking to prevent journalists from investigating business affairs and projects. Syndicom, the Swiss union for media and communication workers, welcomes this leading sentence. Journalism is in the public interest, with the right to inform and to be informed. The courts have to protect this essential role against intended muzzle lawsuits and legislation should be sharpened to do so. This is the aim of the Alliance against SLAPP in Switzerland, in which Syndicom is also associated."

IFJ General Secretary Anthony Bellanger said: "We welcome the ECtHR ruling, which once again established that the freedom of the press and of expression cannot be suppressed. However, the power asymmetry, which was also highlighted in the ECtHR's ruling, needs to be addressed more vocally. An 11-year legal battle represents a serious financial and emotional strain for an independent media outlet such as Le Courrier. We must move beyond addressing these challenges at the end of a judicial process and ensure that dissuasive sanctions are implemented to combat SLAPPs beforehand.